9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (2) TMI 306 - AT - Income TaxRegistration u/s 12AA - Held that - the trust has been constituted by family members of founder of the trust, Sh. R.D. Singla and the entire control of the trust is vested within the family itself, which is not permissible under the law - For getting the benefit of registration under Section 12AA of the Act, motive should be only charitable to the public in general not to family or a particular community or caste - There should not be any benefit of income and funds of the trust directly or indirectly to any relative of the trustee - Merely writing some aims and objects charitable in nature in the trust deed, as mentioned in the trust deed reproduced above, does not mean that the activities of the trust or institution are charitable in nature - There should be some practical activities which satisfy the tax authority about the genuineness of the trust activities - The assessee trust is not entitled for the registration under Section 12AA of the Act - The order of learned CIT-II, Amritsar, has been confirmed - Decided against assessee.
Issues Involved:
1. Legitimacy of the assessee's application for registration under Section 12AA of the Income-tax Act, 1961. 2. Evaluation of the trust's activities and the genuineness of its objectives. 3. The impact of the trust being constituted by family members on its eligibility for registration. 4. Consideration of documentary evidence and legal precedents cited by the assessee. Detailed Analysis: Legitimacy of the Assessee's Application for Registration under Section 12AA: The assessee filed an application for registration under Section 12AA of the Income-tax Act on 26.03.2013, accompanied by a Trust Deed. The learned CIT-II, Amritsar, reviewed the application and sought a report from the Deputy Commissioner of Income Tax, Circle-V, Amritsar. Both the Assessing Officer and the Additional Commissioner recommended against granting registration. Evaluation of the Trust's Activities and the Genuineness of its Objectives: The CIT-II, Amritsar, provided the assessee an opportunity to present its case. The CIT-II examined the documentary evidence and the report from the Deputy Commissioner, noting that the trust had minimal activities, such as providing bandages and distributing notebooks, which were deemed insufficient given its stated objectives. The CIT-II also observed that the trust did not have a separate office and operated from the residential premises of a trustee. Impact of the Trust Being Constituted by Family Members: The CIT-II highlighted that the trust was constituted by close relatives of the founder, R.D. Singla, and thus, the control of the trust was vested within the family. This raised concerns about the genuineness of the trust's activities and its eligibility for registration under Section 12AA, as the control within one family could imply potential benefits to family members rather than serving public charitable purposes. Consideration of Documentary Evidence and Legal Precedents Cited by the Assessee: The assessee's counsel argued that the CIT-II ignored relevant judgments, which state that the Commissioner should focus on the trust's objectives rather than its income application. However, the CIT-II found no evidence of beneficiaries taking undue advantage of the trust funds. The counsel also emphasized that all contributions were made by cheque and that the trust's activities did not require a separate building. Despite these arguments, the CIT-II maintained that the trust's activities were not sufficiently demonstrated to be genuine charitable activities. Tribunal's Conclusion: The Tribunal reviewed the trust deed, the provisions of Section 12AA, and the CIT-II's order. It agreed with the CIT-II's assessment that the trust, constituted by family members, did not demonstrate sufficient charitable activities. The Tribunal noted that merely stating charitable objectives in the trust deed does not prove the genuineness of the activities. The Tribunal found that the legal precedents cited by the assessee were not applicable, as none involved a trust constituted by family members. Judgment: The Tribunal upheld the CIT-II's order dated 24/25th September 2013, refusing to grant registration under Section 12AA of the Income-tax Act. The appeal filed by the assessee was dismissed, confirming that the trust did not meet the necessary criteria for registration due to its limited activities and family control. Order Pronounced: The order was pronounced in the open court on 3rd February 2014, dismissing the appeal filed by the assessee.
|
